SCHOOLS Act

I 116TH CONGRESS 2D SESSION H. R. 8150 To direct the Secretary of Health and Human Services to conduct a study with respect to safety precautions to prevent the spread of COVID– 19 in schools, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 1, 2020 Ms. MUCARSEL-POWELL (for herself, Mr. SOTO, Ms. GARCIA of Texas, Mrs. MCBATH, Mr. CISNEROS, Ms. FRANKEL, Mrs. DEMINGS, Mr. HASTINGS, Ms. WASSERMAN SCHULTZ, Mr. SAN NICOLAS, Mr. THOMPSON of Mis- sissippi, and Mrs. HAYES) introduced the following bill; which was re- ferred to the Committee on Education and Labor, and in addition to the Committee on Energy and Commerce, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Health and Human Services to conduct a study with respect to safety precautions to prevent the spread of COVID–19 in schools, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8150 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Safe Considerations 2 of the Health Of Our Learning Students Act’’ or 3 ‘‘SCHOOLS Act’’. 4 SEC. 2. STUDY ON COVID–19 SAFETY PRECAUTIONS FOR 5 SCHOOLS. 6 (a) IN GENERAL.—The Secretary of Health and 7 Human Services (in this section referred to as the ‘‘Sec- 8 retary’’), acting through the Director of the Centers for 9 Disease Control and Prevention, shall conduct a study 10 with respect to safety precautions to prevent the spread 11 of COVID–19 in schools. 12 (b) CONTENT OF STUDY.—The study conducted 13 under subsection (a) shall address each of the following: 14 (1) REOPENING CRITERIA AND BEST PRAC- 15 TICES.— 16 (A) MINIMUM CRITERIA.—The minimum 17 criteria that a community needs to meet with 18 respect to the spread of COVID–19, including 19 the sufficiency of such criteria, before opening 20 schools for full-time and in-person instruction, 21 including— 22 (i) a decreasing positivity rate re- 23 ported over a 28-day period that shall in 24 no case exceed 5 percent; and 25 VerDate Sep 11 2014 20:43 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8150 IH (ii) a reproductive number over such 1 28-day period of less than 1. 2 (B) BEST PRACTICES.—Best practices with 3 respect to the criteria under subparagraph (A), 4 including with respect to— 5 (i) public health capacity to conduct 6 testing and contract tracing in the commu- 7 nity; 8 (ii) surge capacity in hospitals; and 9 (iii) the amounts of personal protec- 10 tive equipment needed. 11 (2) CRISIS RESPONSE PERSONNEL.—Practices 12 for crisis response personnel in schools, including— 13 (A) the designation of at least 1 staff 14 member (or nurse who may not be a staff mem- 15 ber) to provide crisis response in each school; 16 (B) the metrics to be reported by such 17 staff member; 18 (C) with respect to a school that has at 19 least 2 such staff members, the composition of 20 a team of such staff members; and 21 (D) the actions such staff member should 22 take to minimize the spread of COVID–19 in 23 schools (including actions with respect to in- 24 clement weather). 25 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8150 IH (3) STAFFING.—Recommended practices to in- 1 crease the safety of staff and reduce the spread of 2 COVID–19 among staff, including— 3 (A) the use of common spaces, such as 4 break rooms; 5 (B) allowing staff to work remotely; 6 (C) the use of face coverings, including— 7 (i) appropriate times for and exemp- 8 tions to such use; and 9 (ii) appropriate spaces to suggest such 10 use; and 11 (D) health screenings and reporting of 12 symptoms of COVID–19, and any associated 13 testing for COVID–19, taking into account pri- 14 vacy protections. 15 (4) FACILITY CONDITIONS.—Recommended 16 practices with respect to facility conditions, includ- 17 ing— 18 (A) the minimum physical distancing to re- 19 duce the risk of spread between individuals in 20 classrooms and common spaces, including hall- 21 ways; 22 (B) the appropriate ventilation and air 23 flow; 24 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8150 IH (C) cleaning and disinfection of school sup- 1 plies and common areas; and 2 (D) the minimum physical distancing to 3 reduce the risk of spread during physical edu- 4 cation and recreation activities, and the level of 5 risk associated with any such physical education 6 or recreation activity. 7 (5) TRANSPORTATION.—Recommended prac- 8 tices to increase the safety of staff and students 9 with respect to transporting students to and from 10 schools, including— 11 (A) with respect to dropping students off 12 at and picking students up from schools— 13 (i) conducting health screenings; 14 (ii) implementing staggered schedules; 15 and 16 (iii) physical distancing and hygiene 17 practices; and 18 (B) safety protocols with respect to the use 19 of buses. 20 (6) ORGANIZATION OF TEACHING AND CLASS- 21 ES.—Recommended practices with respect to the or- 22 ganization of teaching, classes, and other group set- 23 tings, including— 24 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8150 IH (A) consistent and small cohort groups 1 among students and teachers; 2 (B) rotating schedules or other alternate 3 schedules; and 4 (C) administering meal time. 5 (c) RECOMMENDATIONS.—Not later than 60 days 6 after the date of the enactment of this Act, the Secretary 7 shall— 8 (1) submit to Congress recommendations based 9 on the results of the study under subsection (a); and 10 (2) update the recommendations under para- 11 graph (1) as necessary. 12 SEC. 3. GRANT PROGRAM TO IMPLEMENT CDC GUIDANCE 13 RELATING TO COVID–19. 14 (a) ESTABLISHMENT.—The Secretary of Education 15 shall carry out a grant program to make grants to State 16 educational agencies to carry out the activities described 17 in subsection (c). 18 (b) APPLICATION.—To be eligible to receive a grant 19 under this section, a State educational agency shall submit 20 to the Secretary an application not later than 2 months 21 after funds are first made available under subsection 22 (g)(1) that includes— 23 (1) a plan developed by the State educational 24 agency to implement the guidance relating to health 25 VerDate Sep 11 2014 20:43 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8150 IH and safety measures with respect to COVID–19 es- 1 tablished by the Secretary of Health and Human 2 Services, acting through the Director of the Centers 3 for Disease Control and Prevention, in local edu- 4 cational agencies, elementary schools, and secondary 5 schools served by such State Educational agency; 6 (2) an assurance that, with respect to school 7 year 2020–2021, the State educational agency will— 8 (A) offer remote digital learning options to 9 students such that the number of hours offered 10 for remote digital learning is equal to or greater 11 than the number of hours offered for in-person 12 learning; 13 (B) not require a student who has an in- 14 creased health risk (as defined by the Secretary 15 of Health and Human Services, acting through 16 the Director of the Centers for Disease Control 17 and Prevention) or lives with a family member 18 with an increased health risk to attend in-per- 19 son learning; 20 (C) limit in-person meetings and con- 21 ferences; 22 (D) group students in such a manner as to 23 minimize the burden placed on teachers; and 24 VerDate Sep 11 2014 20:43 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8150 IH (E) provide guidance for teachers who have 1 an increased health risk for instructing students 2 remotely; 3 (3) a plan to— 4 (A) close in-person learning in the case of 5 a resurgence (as defined by the Secretary of 6 Health and Human Services, acting through the 7 Director of the Centers for Disease Control and 8 Prevention) of COVID–19 cases in the State; 9 (B) with respect to a school in which a stu- 10 dent or staff member who attends such school 11 in-person tests positive for COVID–19, close 12 such school until it is safe for students and 13 staff to return; and 14 (C) notify each student and staff member 15 who may have come in to contact with a stu- 16 dent or staff member described in subparagraph 17 (B) of the potential exposure to COVID–19; 18 and 19 (4) such other information as the Secretary 20 may require. 21 (c) USE OF FUNDS.— 22 (1) IN GENERAL.—A State educational agency 23 that receives a grant under this section may only use 24 such grant— 25 VerDate Sep 11 2014 20:43 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8150 IH (A) to carry out such activities as are nec- 1 essary to implement the guidance described in 2 subsection (b)(1), as determined by the Sec- 3 retary; and 4 (B) to— 5 (i) conduct teacher training on public 6 safety protocols; 7 (ii) establish or expand digital edu- 8 cation programs; 9 (iii) carry out teacher professional de- 10 velopment for digital learning; 11 (iv) establish or expand summer 12 learning, weekend instruction, or expanded 13 school years to supplement instruction; 14 (v) hire substitute teachers, including 15 substitute teachers for teachers who are 16 medically vulnerable; 17 (vi) provide paid sick and family leave 18 for all staff, including substitute teachers 19 and contract workers; 20 (vii) establish or expand mental health 21 support services, including by hiring staff 22 and other personnel to meet the social, 23 emotional, and mental health needs of stu- 24 dents; 25 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8150 IH (viii) purchase school supplies needed 1 for student and staff health safety, includ- 2 ing personal protective equipment, sanita- 3 tion supplies, and equipment necessary for 4 temperature checks of students and staff; 5 (ix) purchase other school supplies 6 (including books and laptops) for students; 7 or 8 (x) purchase equipment needed for 9 physical distancing and digital learning. 10 (2) ADMINISTRATIVE EXPENSES.—A State edu- 11 cational agency may use not more than 5 percent of 12 any grant received under this section for administra- 13 tive expenses related to carrying out the activities 14 described in paragraph (1). 15 (d) DEPARTMENT REPORT.—Not later than 30 days 16 after the date of the enactment of this Act, and every 30 17 days thereafter until the last day of school year 2020– 18 2021, the Secretary shall submit to Congress a report that 19 includes— 20 (1) the number and amount of grants made 21 under this section; and 22 (2) with respect to each State, the number of 23 students and faculty members in each such State 24 who test positive for COVID–19. 25 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8150 IH (e) RULES OF CONSTRUCTION.— 1 (1) EMPLOYEE RIGHTS.—Nothing in this sec- 2 tion shall be construed to alter or otherwise affect 3 the rights, remedies, and procedures afforded to 4 school or local education agency employees under 5 Federal, State, or local laws (including applicable 6 regulations or court orders) or under the terms of 7 collective bargaining agreements, memoranda of un- 8 derstanding, or other agreements between such em- 9 ployers and their employees. 10 (2) IMMIGRATION STATUS.—Nothing in this 11 section shall be construed to limit any student, the 12 State educational agency and local educational agen- 13 cy serving such student, or the elementary school or 14 secondary school in which a student is enrolled from 15 receiving funds pursuant to this section based on the 16 immigration status of such student. 17 (f) DEFINITIONS.—In this section: 18 (1) ESEA TERMS.—The terms ‘‘elementary 19 school’’, ‘‘local educational agency’’, ‘‘secondary 20 school’’, ‘‘Secretary’’, and ‘‘State educational agen- 21 cy’’ have the meanings given such terms in section 22 8101 of the Elementary and Secondary Education 23 Act of 1965 (20 U.S.C. 7801 et seq.). 24 VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8150 IH (2) STUDENT.—The term ‘‘student’’ means a 1 student who attends a public elementary school or 2 public secondary school. 3 (g) FUNDING.— 4 (1) IN GENERAL.—Of the amounts made avail- 5 able to the ‘‘Department of Education—Education 6 Stabilization Fund’’ under Public Law 116–136, the 7 Secretary shall use $300,000,000,000 to carry out 8 grants under this section for fiscal year 2020. 9 (2) NO FUNDING TO PRIVATE SCHOOLS.—None 10 of the funds made available under paragraph (1) 11 may be used to— 12 (A) provide funding to a private elemen- 13 tary school or private secondary school; or 14 (B) establish vouchers for students to at- 15 tend a school described in subparagraph (A). 16 Æ VerDate Sep 11 2014 18:00 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H8150.IH H8150 pbinns on DSKJLVW7X2PROD with BILLS